For decades, if not centuries the act of serving process has remained largely unchanged.
The profession is currently at a critical crossroads, it is facing significant challenges to its image and ability to keep pace with technological advances in today’s constantly changing marketplace.
If the private process serving profession hopes to be a part of the solution to these and other problems they need to EMBRACE CHANGE rather than resist it.

Follow by Email

Thursday, February 2, 2012

Service of Subpoena by Fax

In an article published by the Atlantic Wire, explores the question whether Service of Process by facsimile is an acceptable and or lawful manner of delivery of a Subpoena. While service of Process by electronic means has been increasingly in the news, few courts nationally and internationally recognize electronic service as an acceptable manner of service unless other traditional manners have failed.

Malcolm Harris, a 23-year-old writer and editor, was informed by Twitter early this week that his account had been subpoenaed by the office of Manhattan District Attorney Cy Vance. He's concerned about law enforcement's reach into the newfangled social platform and is seeking to quash the subpoena, calling out, among other things, the method by which it was delivered. The DA's office, apparently, sent it by fax, handwritten cover sheet and all. How new and old worlds collide!

Do you think service by electronic means posses a real threat to the traditional process serving industry?